Trujillo v. Coca-Cola Refreshments USA, Inc. et al

Filing 34

STIPULATED PROTECTIVE ORDER by Judge R. Brooke Jackson on 12/10/14. (jdyne, )

IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF COLORADO
Civil Action No. 1:14-cv-01283-RBJ
SILBANIO TRUJILLO, individually,
Plaintiff,
v.
COCA-COLA REFRESHMENTS USA, INC.,
a Delaware corporation, JAMES WHITE, individually,
Defendants.
STIPULATED PROTECTIVE ORDER

In order to preserve and maintain the confidentiality of certain information, documents
and tangible things to be identified and produced in this case by all of the parties with the
agreement of the parties, the Court enters this Stipulated Protective Order.
1.

Documents and materials to be produced by the parties in this litigation that they

contend constitute confidential personal information, or contain or depict trade secrets or other
confidential research, development or commercial information shall hereinafter be designated as
“Protected Documents.” Prior to designating any materials as “Protected Documents,” the
parties will make a bona fide and good faith determination that the materials are, in fact, a trade
secret, confidential technical or personal information, or other commercially sensitive
information entitled to protection under Federal Rule of Civil Procedure 26(c).
2.

The parties shall designate materials as Protected Documents by stamping or

labeling such documents and materials as “Confidential” in a manner that does not cover or

otherwise obscure any of the content of such materials (e.g., documents shall be stamped or
labeled at the top or bottom of the page whenever possible, but not over the text). When used in
this Order, the word “Documents” means all written material, photographs, video tapes, digital
images and all other tangible items whether produced as hard copy, CD, DVD, or otherwise.
Except as otherwise indicated in this Order, Documents designated by the parties as
“Confidential” and which are disclosed or produced in this litigation are Protected Documents
and are entitled to confidential treatment as described below.
3.

Protected Documents shall not include materials that on their face show that they

have been published to the general public.
4.

Within ten (10) business days after the delivery of Protected Documents or within

ten (10) business days after the date of this order, counsel for the party receiving the Protected
Documents may challenge the confidential designation of all or any portion thereof by providing
written notice thereof to opposing counsel. The parties shall thereafter confer within ten (10)
business days after receipt of the written notice, and attempt to resolve informally the receiving
party’s concerns over any confidentiality designation. If the parties are unable to agree as to
whether the confidential designation of the discovered material is appropriate, no later than ten
(10) business days after the parties meet and confer, the producing party may file a motion for
the purpose of determining whether the challenged documents are entitled to the protection of
this Order. The party seeking the protection afforded by this Order shall bear the burden of
establishing the challenged documents are entitled to such protections. If such a motion is filed,
any document designated as a Protected Document shall remain protected by this Order pending
determination by the Court as to its confidential status.

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5.

Protected Documents and any information contained therein shall not be shown,

disseminated, copied, provided, or in any way communicated to anyone for any purpose
whatsoever, except as provided for below.
6.

Protected Documents and any information contained therein shall be disclosed

only to the following persons:
A.
B.

Employees of such counsel (excluding experts and investigators) assigned
to and necessary to assist such counsel in the preparation and trial of this
action;

C.

Outside consultants and experts retained by the parties to consult and/or
assist counsel in the preparation and trial of this action;

D.
7.

Counsel of record for this action for the party or party receiving Protected
Documents or any information contained therein;

Protected Documents and any information contained therein shall be used
solely for the prosecution of this case.

Before giving access to any of the Protected Documents or the information

contained therein to persons described in Paragraph 6(C), each person described in paragraph
6(C) shall be advised of the terms of this Order, shall be given a copy of this Order, and shall
agree in writing, in the form attached hereto as Exhibit “A,” to be bound by its terms and to
submit to the jurisdiction of this Court. All signed copies of Exhibit “A” given to persons
described in Paragraph 6(C) shall be maintained by the party disclosing documents as part of the
case files for at least 10 years.
8.

Upon Conclusion of this action, all original Protected Documents and copies

thereof shall be promptly destroyed.

All copies of Protected Documents that are provided to

any party’s consultants or experts during the course of this litigation shall also be promptly
destroyed along with an affidavit from each such consultant or expert stating that all copies of

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such materials have been destroyed. The affidavits mentioned above will be retained by the
producing party’s counsel for 2 years.
9.

After termination of this litigation, the provision of this Order shall continue to be

binding. This Court retains and shall have jurisdiction over the parties and recipients of the
Protected Documents for enforcement of the provisions of this Order following termination of
this litigation.
10.

To the extent Protected Documents or information contained therein are used in

depositions or at trial, such documents or information shall remain subject to the provisions of
this Order, along with the transcript pages of the deposition or trial testimony referring to the
Protected Documents or information contained therein. Documents filed in the court files, which
will be considered as public records and will not be granted restricted access except on a
document by document basis for good cause shown according to the Practice Standards in effect
in this Jurisdiction.
11.

Inadvertent or unintentional production of documents or information containing

confidential information which is not designated “Confidential” shall not be deemed a waiver in
whole or in part of a claim for confidential treatment.
12.

The parties acknowledge that confidential medical, employment, and other

personnel files have been previously produced by the parties. The parties have 10 days from the
date of this Order to designate previously produced Protected Documents as “Confidential.”
Within 10 (ten) days of receiving a new set of documents with the “Confidential” stamp, the
party in receipt of previously unmarked confidential documents must destroy the non-stamped
documents

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13.

The party or parties receiving Protected Documents shall not under any

circumstances sell, offer for sale, or advertise Protected Documents or any information contained
therein.
14.

This Order shall be binding upon the parties hereto, upon their attorneys and upon

the parties’ and their attorneys’ successors, executors, personal representatives, administrators,
heirs, legal representatives, assigns, subsidiaries, divisions, employees, agents, independent
contractors, or other persons or organizations over which they have control.
IT IS SO ORDERED.
Dated: this 10th day of December, 2014
BY THE COURT

_______________________________________
United States District Judge

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AGREED AND APPROVED BY:
Attorneys for Plaintiffs:
s/J. Todd Tenge
J. Todd Tenge
Tenge Law Firm, LLC
2575 Pearl Street, Suite 230
Boulder, CO 80302
And

s/Beth A. Klein
Beth A. Klein
Carrie R. Frank
Klein & Frank, P.C.
1909 26th St., #1C
Boulder, CO 80302

Attorneys for Defendants Coca-Cola Refreshments USA, Inc.
and James White:
s/ Michiko Brown
Michiko Brown
Michael L. O’Donnell
Wheeler Trigg O’Donnell LLP
370 17th Street, Suite 4500
Denver, CO 80202

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AFFIDAVIT
STATE OF COLORADO

)
) ss
COUNTY OF___________ )
_____________________________, swears or affirms and states under penalty of
perjury:
1.
I have read the Protective Order in Silbanio Trujillo, v. Coca-Cola Refreshments
USA, Inc., and James White, Civil Action No. 1:14-cv-01283-RBJ, a copy of which is attached
to this Affidavit.
2.
I have been informed by ___________________________, Esq., counsel for
_______________________________, that the materials described in the list attached to this
Affidavit are Confidential Information as defined in the Protective Order.
3.
I promise that I have not and will not divulge, or undertake to divulge to any
person or recording device any Confidential Information shown or told to me except as
authorized in the Protective Order. I will not use the Confidential Information for any purpose
other than this litigation.
4.
For the purpose of enforcing the terms of the Protective Order, I hereby submit
myself to the jurisdiction of the court in the civil action referenced above.
5.

I will abide by the terms of the Protective Order.
_____________________________________
(Signature)
_____________________________________
(Print or Type Name)
Address:
_____________________________________
_____________________________________
Telephone No.: (_____) __________________

SUBSCRIBED AND SWORN to before me this ______________ day of __________, 2014 by
__________________________________.
WITNESS my hand and official seal.
____________________________________
Notary Public
[SEAL]
My commission expires:________________
EXHIBIT A